20 August 2012

Cyber activists or "hacktivists" have attacked government websites across Africa to protest anti-LGBT laws that discriminate, imprison or even condemn gays and lesbians across the continent, reports Gay Star News, Radio Netherlands Worldwide and Zambian Watchdog. The coordinated attacks have targeted Botswana, Somalia, Sudan and Uganda in an operation known as #OpFuckAfrica.

The Anonymous and TheEliteSociety hacking groups have launched a joint all-out attack against countries in Africa that kill or imprison LGBT people. The groups promise more websites will be hacked in African states that oppress LGBT rights. Last Thursday, hacktivists hacked the website of Botswana’s Export Development and Investment Authority, and leaked its database. Somalia’s TV Network and Gurmad company websites were also hacked.

Just last week saw the hackers taking over Ugandan Prime Minister Amama Mbabazi’s website. They posted a fictitious statement on the site in which Mbabazi apologised for his government’s anti-gay stance and expressed his support for the recent Uganda gay Pride week.

The hacktivists have apparently singled out Sudan for the most damage. Sudan is one of four African nations that boast the death penalty for gays or same-sex activity. The other three are Mauritania, Nigeria and Somalia. "Cyber activists have hacked 73 official government websites in Sudan, including the president's, as they continue to demand LGBT people in Africa are given rights," reports Gay Star News.

Last week's cyber-attack against the Ugandan governement targeted 'the prime minister's office, Parliament, the Uganda Securities Exchange and Uganda Law Society, a government statement said," according to Radio Netherlands Worldwide.

Homosexuality is punishable by up to life in prison in Uganda, which has been condemned by the international community for its state-sponsored anti-gay terror campaign. Parliament has revived the extreme Anti-Homosexuality Bill, which seeks the death penalty or life imprisonment for anyone caught engaging in homosexual acts for a second time.

Same-sex acts are currently illegal in at least 38 of 54 African countries. South Africa and Seychelles are the only African nations that protect LGBT rights. SA is also the only African nation to guarantee marriage equality and gay adoption.

19 October 2011

An update on a story that R20 has been following from Botswana. Former Presidents Festus Mogae is calling for an explicit decriminalization of that nation's sodomy statue, reports the BBC.

Mr Mogae, who heads the Botswana government-backed Aids Council, said it was difficult to promote safe sex when the two practices were illegal. His views are controversial as many conservative Batswana frown upon homosexuality and prostitution. ...

A government spokesman on HIV/Aids told the BBC homosexuality and prostitution would remain illlegal until the government concluded wide-ranging consultations to see whether there was a need to change the law.

Mr Mogae said Botswana could not regard homosexuals - a tiny minority in the country - as criminals."I don't understand it [homosexuality]. I am a heterosexual," he told the BBC's Network Africa programme. "I look at women. I don't look at other men. But there are men who look at other men. These are citizens."

Mogae also called for condoms in prison and for the government to stop harassing sex workers.

This is not Mogae's first time speaking out for gay rights. In May 2011, Mogae and former Zambian President Kenneth Kuanda called for the decriminalization of sodomy statutes across Africa. Mogae and Kuanda argued that harsh penalties dissuade gay men who are HIV positive against seeking treatment.

Botswana has one of the world's highest HIV/AIDS rates. An estimated 17% of the population is positive.

The two said [in Lilongwe] while on a tour of Malawi that such an approach would likely yield better results in Africa. The remarks by the retired leaders could reignite homosexuality debate in the southern Africa country and may eventually reduce the stigma currently associated with the sex orientation. .. In Malawi, HIV prevalence stands at around 12 per cent, with most efforts to assist those infected being directed towards heterosexuals.

Mogae, who chairs ‘Champions of an HIV-Free Generation’ that comprise prominent African anti-Aids activists, said homosexuals and sex workers were part of society and they should not be stigmatised or discriminated. "People who practice homosexuality should not be criminalized or stigmatize to avoid the spread of new infections," said Mogae.

The former Botswana president appealed to African governments to provide condoms in prison as he said it is where there is a lot of breed of HIV infection through homosexual acts."Why is it that men who go to prison without HIV infection when they come out they are tested positive," he said.

Attorney Monica Tabengwa said she had reached agreement with State attorneys to respond to their opposing affidavit; the papers would be filed within 21 days.

[Plaintiff Caine] Youngman has petitioned the High Court to repeal the section of the penal code that outlaws homosexuality. In his founding affidavit Youngman says he has never been able to freely express his sexuality in Botswana because of the law that criminalises sex between people of the same sex and referring to the act as ‘carnal knowledge against the order of nature’.

"In order to do so I have to cross the border into South Africa where my sexuality is recognised and protected by the law," he said. Youngman says he hates to cross the border constantly as he suffers grave inconvenience both financially and regarding travel time. "Sometimes I fear for my safety in South Africa, in fact I was nearly hijacked before."

BONELA has been ordered to file its affidavits by May 13th.

The lawsuit targets Section 164 of the Penal Code, which criminalizes same sex relationships. The government is opposing the lawsuit and claims Youngman has no standing to file suit because "he had not been charged with an offence under the Penal Code."

Last year, the Botswanan government moved to amend the country's Employment Act so as "to make it illegal for employers to fire someone if they are suspected of being gay, or in relation to a worker's HIV status," reported Care2Care.com. LGBT activists hope this will convince the court to nullify the sodomy statute.

The case of a 29 year old Motswana gay man versus the Attorney General (AG) over a penal code clause would be heard at the Lobatse High Court before Justice Zibani Makwade of the High Court on April 15, 2011. According to a statement from Botswana Network on Ethics Law and HIV/AIDS BONELA Caine Youngman’s case was registered on February 25 and AG subsequently served three days later but failed to respond to the affidavit within 14 days as prescribed by the court. Nonetheless a hearing date was set despite the AG’s failure to respond.

Youngman, through the legal representation of BONELA and Lesbians, Gays and Bisexuals of Botswana (LeGaBiBo) wants the court to rule against a section of the penal code which criminalizes same sex as it refers to it as ‘carnal knowledge against the order of nature’

“As a person with a different sexuality I have never been able to freely express my sexuality because of the law that criminalizes sex between people of the same sex referring to it as ‘carnal knowledge against the order of nature’ as well as social attitudes which stigmatize and discriminates against people with my sexual orientation. In order to do so I have to cross the border in to South Africa where my sexuality is recognized and protected by law,” Youngman put it plainly in his affidavit.

Yongman's case has attracted considerable attention in Botswana. The lawsuit targets Section 164 of the Penal Code, which criminalizes same sex relationships. More conversation at Godwyns Onwuchekwa's Facebook.

CARE2.com reports: "Last year the Botswana Government moved to amend the country's Employment Act so as to make it illegal for employers to fire someone if they are suspected of being gay, or in relation to a worker's HIV status after an ethics commission found that there was evidence of sexual orientation and HIV status being used as barriers to employment."

[Botswana Network on Ethics, Law and HIV/ AIDS (BONELA)] Director Uyapo Ndadi confirmed they would challenge Section 164 of the Penal Code that criminalizes same sex relationships. It is understood that gays want the provision to be declared unconstitutional. "Yes I can confirm that plans are underway and drafting is almost complete. We are ready to file the papers before Court," said Ndadi.

In 2005 gays attempted to register their association, the Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), with the Registrar of Societies, but their application was turned down in 2007 on the grounds that the republican Constitution does not recognize homosexuals.

Botswana is among 30+ African nations with anti-gay laws, though prosecutions are rare.

Former Botswanan President Festus Mogae will argue for gay rights in taped BBC debate. "The question 'Is homosexuality Un-African?' which will be recorded in Johannesburg. Panelists will include Archbishop Desmond Tutu ... Recently, Mogae has been progressive in promoting the rights of gays, something which he mumbled about while in office (1998-2008). He recently called for condoms in prisons contrary to the Government’s position on the matter."